Medical Malpractice and Public Liability Insurance for ......Graybrook Hallam is a specialist insurance broker in the provision of Medical and Professional Liability insurance for

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Medical malpractice and public liability insurance for paramedics

Medical Malpractice and Public

Liability Insurance

for Paramedics

16th January 2020

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Index Introduction.................................................................................................................................................. 2

Who are we? ................................................................................................................................................ 3

Who are the Insurers? .............................................................................................................................. 3

Summary of Cover………………………………………………………………………………….…………….. 4-5

Independent Prescribing …………………………………………………………………………………………………. 5

Notable Exclusions………………………………………………………………………………………………….. 6

Complaints Procedure ............................................................................................................................. 7

Financial Conduct Authority (FCA) ..................................................................................................... 8

Claims Reporting ..................................................................................................................................... 10

Appendix 1 Occupational Glossary ................................................................................................. 11

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Introduction Whilst the majority of Paramedics are employed in the United Kingdom by the NHS Ambulance

Service, a growing number are practicing independently in both the Public and Private Sectors.

Such Paramedics will be personally accountable for delivery of their medical services and will

require the protection of insurance or other medical indemnity arrangements to deal with claims

arising from alleged clinical negligence. Anyone working in general practice delivering NHS

Services should check their entitlement to the indemnity arrangements provided by the Clinical

Negligence Scheme for General Practice introduced 1st April 2019.

The scope of paramedic practice is rapidly evolving, bringing with it extra responsibilities and

increasing the possibility of claims arising from an ever expanding range of specialist paramedic

activities.

Paramedics in the United Kingdom are highly trained healthcare professionals providing one of the

most valuable front line medical services in the Country. An occupational glossary can be seen in

Appendix 1.

To meet the growing demand for paramedical liability insurance we have a team of highly

experienced insurance advisers with specialist knowledge of Healthcare Professions to advise on

Medical Malpractice Insurance.

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Who are we? Graybrook Hallam is a specialist insurance broker in the provision of Medical and Professional

Liability insurance for Healthcare Professionals. We are retained by some of the U.K.’s leading

professional bodies, including the College of Paramedics, to manage insurance schemes which are

provided as a membership benefit.

Our contact details are: Graybrook Hallam,

8 Chandlers Way,

South Woodham Ferrers,

Essex CM3 5TB

Telephone Number: 01245 321185

Fax Number: 01245 322240

Email: [email protected]

Website: www.graybrook.co.uk/paramedicinsurance

Graybrook Hallam is a Trading Name of James Hallam Limited which is authorised and regulated

by the Financial Conduct Authority (FCA)

James Hallam Limited is registered in England.

Registered number 1632840.Registered Office: 156 South Street, Dorking, Surrey RH4 2HF.

Who are the Insurers?

This Insurance Scheme is underwritten by Allied World Assurance Company (Europe) DAC,

rated A (excellent) by AM Best Company, A- (strong) by Standard and Poor’s, and A3 (good)

by Moody’s. The company also operate a Lloyds Syndicate 2232. Allied World Healthcare

provide specialised solutions for the global healthcare market offering bespoke solutions and

an expert claims service. They have built a worldwide healthcare reputation on the

foundation of delivering superior risk reduction programmes, and working closely with

organisations they insure.

Allied World Assurance Company (Europe) DAC

20 Fenchurch Street

London

EC3 M 3BY

Allied World Assurance Company (Europe) DAC is regulated by the Central Bank of Ireland

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Summary of Cover The Summary is designed to provide an overview of the most important features of the

policy, but does not take precedence over the terms and conditions contained in the Policy

which will be provided with a formal quotation or can be seen online at

www.graybrook.co.uk/paramedicinsurance.

It is important you read and understand the cover provided before proceeding with this

insurance.

Medical Malpractice Provides protection for Medical Malpractice claims involving bodily injury, mental injury,

illness, disease or death of any patient caused by any negligent act, error or omission

arising from the performance of an insured activity or in the course of a Good Samaritan

Act. The cover also includes:-

Cost of representation at Coroner’s inquest

Defence costs for Abuse claims

Manslaughter Defence Costs

Indemnity to Principal cover

Public Relations Costs to reduce adverse publicity

Vicarious liability for the negligence of students, volunteers or trainees for which

the Insured is legally liability

Loss of Documents

Data Protection breaches or misuse of private information

Defamation

Breach of Professional Confidentiality or infringement of copyright

The above covers are subject to sub-limits and excess as detailed in the Policy Schedule.

Public Liability Insurance Cover for claims relating to bodily injury (caused other than by treatment or negligent

advice to patients) or property damage arising from the activities insured or Samaritan

Acts.

Basis of Cover The Policy is issued on a ‘Claims Made’ basis which means the Policy must be in force and

valid on the date a claim is first notified to the Insured and reported to insurers. The claim

must relate to work undertaken after the start of the Policy or any retroactive date shown

in the Policy (see below for details).

Retroactive Cover No cover is provided for work which pre-dates the start of the Policy unless evidence of earlier

retroactive cover can be provided from a previous Policy. The retroactive date shown in the

Schedule denotes the date from which all work is covered.

http://www.graybrook.co.uk/paramedicinsurance

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Run-off Cover On termination of the Policy, whether due to non-renewal or mid-term cancellation cover, all cover

will cease from which date no new claims can be accepted. If continuing cover is required, it will be

necessary to request a separate quotation for run-off cover in respect of future claims which may

arise from previous work, unless alternative indemnity or a replacement Policy has been arranged.

Excesses In some circumstances the insured will be responsible to pay the first fixed amount of any claim. If

applicable such amount will be shown as the “Excess” in the quotation and policy schedule.

Limits of Indemnity Applicants are advised to select the highest affordable limit of cover. Please see the Application

Form for options available (the policy also contains sub-limits on some of the extra covers

provided) .

Activities Insured Good Samaritan Acts and all activities within the insureds individual scope of practice and

as declared to and approved by Insurers.

Excluded Activities Claims arising from the following are excluded:-

Any work outside the Insured’s individual scope of Practice or any activity not

declared to Insurers

Any activities which pre-date the start date of the Policy or the retroactive date

Any work covered by other insurance or indemnity provisions

Independent Prescribing unless declared to and approved by Insurers, HCPC

registration and any additional premium paid.

The policy wording issued with the Quotation contains full details of the terms, exclusions

& conditions of cover.

Important Special Conditions The following Special Conditions must be observed for the Policy cover to operate: -

All qualified Paramedics must be registered with the Health & Care Professions

Council (HCPC) at the date of treatment and with any regulatory body outside of the

UK where legally required for any work undertaken in overseas territories.

The policy must be in force on the date a claim or potential claim is notified.

Geographical Limits World wide

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Jurisdiction Territories Claims will only be considered if brought within the jurisdiction of a UK court or courts of

Northern Ireland, Isle of Man and the Channel Islands.

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Policy Definitions

It is important to refer to the Definitions contained in the Policy before proceeding with

this insurance

Notable Exclusions As with all policies a number of exclusions apply, details of which can be found in the

Policy Document, but some notable exclusions are listed below which relate to claims

arising: -

from circumstances known to the Insured or malpractice occurring prior to the

start of the Policy

where insurance or indemnity is provided elsewhere

from the sale, supply, alteration or distribution of products

from the liabilities of an Employer

from clinical trials or research projects

from the defence of any regulatory, disciplinary, professional misconduct

proceedings or investigations

from any act, error or omission which occurred prior to the Policy retroactive date

where the Insured is not registered with the Health & Care Professions Council

(HCPC) and where registration is a legal requirement

Independent Prescribing unless declared to and approved by Insurers, HCPC

registration annotated, and any additional premium paid.

Other exclusions will apply as this list is not exhaustive, and will be contained in the policy

wording provided with the Quotation when issued

Record Keeping The Insured must maintain accurate records of all professional services and equipment used for at

least 10 years from the date of treatment (in the case of minors 10 years after the minor attains the

age of majority) and indefinitely in the case of patients without legal mental capacity.

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Complaints Procedure Whilst all reasonable care has been taken in the producing this summary, any complaints

should be directed to:-

Andrew Hall

Graybrook Hallam

8 Chandlers Way

South Woodham Ferrers

Essex CM3 5TB

Telephone Number: 01245 321185

Fax Number: 01245 322240

Email: [email protected]

The company’s Terms of Business and Privacy Notice are available on our website

www.graybrook.co.uk or is available upon request.

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Financial Conduct Authority (FCA)

James Hallam Limited is registered in England. Registered number 1632840.

Registered Office: 156 South Street, Dorking, Surrey RH4 2HF This registration can be checked by

visiting the FCA’s website www.fca.gov.uk/register or by contacting the FCA on 0845 606 1234.

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Claims Reporting The Insured must not disclose to any person or organisation any of the terms of the Policy without

written consent of Underwriters.

The Insured shall not admit liability or agree or make any settlement arrangement, offer, promise

or payment and do anything that may compromise or prejudice the defence of a claim or incur any

costs or expenses in connection with any claim without the written consent of Underwriters.

The Insured must notify either Graybrook Hallam or the insurers as soon as they become aware of

any circumstances that could lead to a claim under the Policy or receive notification of any formal

claim.

Any delays in notification or any non-compliance with any of the Policy Terms & Conditions could

invalidate the cover provided and the Insured’s entitlement to indemnity under the Policy.

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Appendix 1

Occupational Glossary For the purposes of this Scheme the following occupational terminology will apply.

Please ensure your qualification level is correctly inserted in the application form and renewal

declaration.

Paramedic Qualification Level 6 – Batchelor of Science Degree (BSc)

Healthcare professional, registered with the Health & Care Professions Council (HCPC) under

“Paramedic” by completing an approved programme of study.

Specialist Paramedic Qualification Level 7 – Post Graduate Certificate or Post Graduate Diploma

Experienced autonomous healthcare professional, registered with the Health & Care Professions

Council under ‘Paramedic’, who have undertaken further study and skill acquisition at

PGCert/PGDip level, or SQCF level 11 in Scotland, to enable them to be able to deliver a more

enhanced level of assessment and care to patients and access more referral pathways. This may

include, but is not limited to ‘Emergency Care Practitioner’, ’Paramedic Practitioner’, and ‘Senior

Paramedic’.

Advanced Paramedic Qualification Level 7 - Master of Science Degree (MSc)

Highly experienced autonomous healthcare professional, registered with the Health & Care

Professions Council under ‘Paramedic’, who through the development of expertise, portfolio of

evidence, and post-grad education at Masters level are able to deliver a more appropriate level of

assessment and care to patients and access many more referral pathways.

Consultant Paramedic Education Level 8 - Doctor of Philosophy Degree (PhD)

The Consultant Paramedic will usually hold or be working towards a doctorate award and will

practice within the Department of Health guidance for Allied Health Professional Consultant

appointments. Core responsibilities include an organisational development role in areas of new

and innovative clinical practice for paramedics delivering patient care. Working at Strategic –

Executive level they will be developing new care pathways, whilst liaising with central health policy

makers. Connected to the Trusts medical directorate and research and audit teams (through

primary research) they will be instigating and reviewing care pathways.

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Non HCPC Registered Clinician Works alongside registered healthcare professionals in a supportive capacity. This may include, but

is not limited to ‘Community First Responders’, ‘Emergency Medical Technician’, ‘Emergency

Ambulance Crew’ and ‘Ambulance Care Assistant’.